Broward DUI Lawyer Blog

The Miami Herald reports that a 19-year-old University of Miami student was recently charged with DUI manslaughter after allegedly causing an accident in Coral Gables while under the influence of alcohol.

The accident happened recently at the intersection of LeJeune Road and Majorca Avenue, only a mile away from an accident in July that involved a Coral Springs police officer that happened at LeJeune Road and Aledo Avenue.

Fort Lauderdale DUI defense lawyers have represented many defendants charged with DUI manslaughter and many of the principles involved in DUI cases. This includes examining the results of breath or blood testing, and scrutinizing not only police witnesses and their report but also other eyewitnesses as well.

But because DUI manslaughter cases have such high penalties -- possibly up to 15 years in prison and a minimum of four years behind bars if convicted -- more must be done. In most DUI manslaughter cases in Fort Lauderdale, experts, including scene reconstructionists, will be hired to re-create the scene to show jurors that police calculations and assumptions may be wrong.

When so much is on the line, more must be done in order to ensure the defendant gets a fair trial.

In this case, the student was driving her vehicle at the intersection of LeJeune Road and Majorca Avenue at approximately 4:30 a.m. Police say he slammed into a vehicle driven by a 68-year-old woman, who was killed instantly.

At first, the teen was charged with vehicular homicide while police awaited blood test results to come back from the lab. They since added a DUI manslaughter charge, as well as a third-degree felony charge of possessing a false driver's license.

Police allege she used fake IDs to get into Miami Beach's LIV nightclub that night. Toxicology reports showed that her blood-alcohol level was .231, nearly three times the state's .08 limit. The defendant is on house arrest pending trial. She has pleaded not guilty.

As with the Coral Springs officer who was recently arrested after being involved in an accident on LeJeune Road, this defendant faces both DUI manslaughter and vehicular homicide charges. This is possible because prosecutors can rely on the theory that she was negligent or that she was under the influence of alcohol in causing the crash.

While she can't be sentenced for both, if convicted of both, she will likely face the DUI manslaughter charge at sentencing because it is considered more serious. DUI manslaughter requires a mandatory four-year sentence, while there is no minimum mandatory term for vehicular homicide.

These charges are extremely serious and perhaps even more so when a young person's freedom is on the line. DUI-related cases are highly emotional and it's likely the family of the victim will attend hearings and could play a big role in how the prosecution handles the case and how the judge proceeds.

It is critical that all the facts come out and that facts, not emotion, are the decision-making reasons in a case like this. With freedom on the line and a future in the balance, a fair trial is essential.